Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am on my H1b visa with current employer "A" and also my…

Customer Question
I am on my...

I am on my H1b visa with current employer "A" and also my I-140 was approved with my current employer "A". But my employer A had withdrawn my I-140 after an year of approval in 2016. I am still with my employer A. My h1b extension is due for renewal in June 2018. If I have to transfer my h1b to new employer B, are there going to be any issues with h1b with the new employer since my I-140 was withdrawn with employer A?

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

Yes I did file all legal documents with the US government

Lawyer's Assistant: Have you talked to a lawyer about the H-1B visa?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I posted the question above

Submitted: 3 months ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 5 minutes by:
3/26/2018
Immigration Lawyer: Bill Attorney, Lawyer replied 3 months ago
Bill Attorney
Category: Immigration Law
Satisfied Customers: 2,610
Experience: Attorney
Verified

Dear Customer ,

Thank You for posting your immigration law question today. I'm attorney Bill an experienced immigration lawyer assisting you today.

You can have as many visa applications with USCIS as you wish so the withdrawal of your i-140 application by one employer isn't going to effect your new H1b visa application.

So long as you maintain your status on a legal visa or file a change of status application with USCIS your stay will be legal in the US.

We are here to help so please follow up with me as required.

In return remember to rate positively today.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Thanks

Attorney Bill

Ask Your Own Immigration Law Question
Customer reply replied 3 months ago
if I have a new employer B, is it possible for me to have multiple H1b extensions without applying for PERM with new employer B? Or do I have to still go thru the process of applying PERM and I-140 and get the approval and then only I am eligible for H1b extension with the new employer b?
Immigration Lawyer: Bill Attorney, Lawyer replied 3 months ago

Each H1b application is separate and there is no interlinking between your multiple applications.

You need to follow up with USCIS to complete the visa process if accepted.

You aren't obliged to apply for a green card or i-140 and your employer similarly isn't required to file this application for you.

We are here to help so please follow up with me as required.

In return remember to rate positively today.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Thanks

Attorney Bill

Ask Your Own Immigration Law Question
Customer reply replied 3 months ago
My question is: Can my new employer B file for H1b extensions in the future without having initiated my green card process?
Note: I already had multiple extensions (beyond 6 years limit) since my I-140 was approved with my current employer but it was later withdrawn after an year of approval status.
Immigration Lawyer: Bill Attorney, Lawyer replied 3 months ago

Under AC 21

a final rule published by USCIS in 2017 the rule is the following:

"

H-1B and other nonimmigrant matters

  • 1-year extensions of H-1B status beyond six years under AC21 106(a)
    • Long-adjudication basis: Labor Cert or I-140 has been pending for more than 365 days
    • Must be beneficiary of approved EB-1, 2, or 3 petition
    • Only H-1B nonimmigrants may request an extension under AC21 106(a)
    • Extensions one year at a time
    • Someone who does not file an adjustment of status application or apply for an immigrant visa within one year of an immigrant visa number becoming available is no longer eligible for 1-year extensions of H-1b status beyond six years under AC21 106(a). Read a brief NAFSA advisory on this point.
  • 3-year extensions of H-1B status beyond six years under AC21 104(c)
    • Per-country per country or worldwide immigrant visa cutoff basis
    • Must be beneficiary of approved EB-1, 2, or 3 petition
    • Do not have to be in H-1B status at time request is filed
    • Extensions 3 years at a time"

Your new employer would have to comply with the above to allow extension after 6 years.

I see you have yet to leave a positive rating.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated.

Thanks

Attorney Bill

Ask Your Own Immigration Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an immigration lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Bill Attorney Your Own Question
Bill Attorney
Bill Attorney
Bill Attorney, Lawyer
Category: Immigration Law
Satisfied Customers: 2,610
2,610 Satisfied Customers
Experience: Attorney

Bill Attorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

4,009 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo Senmartin

Guillermo Senmartin

Immigration Attorney

50,990 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
The question is regarding my H1B Extension/transfer and
Hello,The question is regarding my H1B Extension/transfer and i-140. My current H1B is valid until Sept 22nd, 2018 and i-94 is valid until Oct 02, 2018. My current employer is ERPA and work for a clie… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
Guillermo Since you are aware of my case from the beginning,
FOR Guillermo,Hello GuillermoSince you are aware of my case from the beginning, I have an important question to ask you. my current H1b expired on June 24th 2018 and because I have a perm approved wit… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
I have one query I am on H1B VISA. I have filed my H1B
I have filed my H1B Transfer and Extension through my new employer … read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
My 6 year H1B is ending on September 30' 2018.I do have an
My 6 year H1B is ending on September 30' 2018.I do have an approved I-140 with my current employer.I recieved my I-140 approval notification on 4th April 2018.My current employer is taking extended ti… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
I have my current H1B visa expiring Dec 2018, my 6 years
Second opinion] I have my current H1B visa expiring Dec 2018, my 6 years also ends Dec 2018 (including recapture). My current Company A applied for PERM in Aug 2017 and got approved Feb 2018. I am now… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
My 6th Year H1B extension pending I joined Camo technologies
My 6th Year H1B extension pendingI joined Camo technologies NJ in April year 2011 on H1B2013 Camo technologies NJ de-merged to Nalashaa Solutions LLC and the employees including myself got moved to Na… read more
Edward Young
Edward Young
Juris Doctor
511 satisfied customers
Summary: I was working for Company A till 13th June 2017 and
Summary:I was working for Company A till 13th June 2017 and I joined Company B on 14th June 2017 with the H1B receipt number. I received RFE for the H1B with Company B on 31st Aug 2017 stating "Proffe… read more
Edward Young
Edward Young
Juris Doctor
511 satisfied customers
Judith, As we discussed on last thread(My wife did H1B
Hi Judith, Good Morning! As we discussed on last thread(My wife did H1B Transfer on last year), can you please answer below questions which is relevant about below questions which is this new thread?2… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I need advise on my L1- extension denied on Dec 27, 2017
I need advise on my L1-B extension denied on Dec 27, 2017 whereas my I-140 was approved in Dec 16, 2016 … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
My back ground:On H1B Visa: Entered usa on May 2007, filed
My back ground:On H1B Visa: Entered usa on May 2007, filed for GC with my previous employer and got I140 approved stayed with them for 6 years until dec 2015.Joined new company in Jan 2016, Did a h1b … read more
Leena Kamat
Leena Kamat
Juris Doctor
102 satisfied customers
Below are my current status details: 1) Current H1B/H4 visa
Below are my current status details: 1) Current H1B/H4 visa valid until: 01/30/2018 (not stamped yet) 2) Recent H1B/H4 visa transfer to Y (existing) employer was approved on 01/31/2017 3) Y employer s… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers
I am on H1B. I have Approved I 140 (priority date Jan 2013).
I am on H1B. I have Approved I 140 (priority date Jan 2013). I have used 6 years on H1B and currently in my 9th year (got the extension as I had approved I 140). My current Visa is valid till March 20… read more
Expert James
Expert James
Doctoral Degree
12,287 satisfied customers
Background: I am on my 2nd H1B visa with my 6th year of visa
Background: I am on my 2nd H1B visa with my 6th year of visa expiring on May 15th 2016. My I-140 from my current employer (employer A) is already approved and the employer has already filed for my 3 y… read more
Expert James
Expert James
Doctoral Degree
12,287 satisfied customers
I am in H1B Visa with employer A and completing my first 6
I am in H1B Visa with employer A and completing my first 6 years in coming March 2016. I have I-140 approved with my current employer two months back(on June 2015). I have copy of my I-140 approval do… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
I am citizen of INDIA. I came to USA in the year of 2009
I am citizen of INDIA. I came to USA in the year of 2009 March using H1B VISA. My Green Card is initiated by Employer A and they processed until I 140. My I 140 is approved in Oct 2014. Recently in Ma… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
Please answer the following questions: 1. If my I-140
Please answer the following questions: 1. If my I-140 gets approved in 2015 and my employer renews my H1B visa for 3 years (till 2018). To change my employer, can I simply transfer my work visa and st… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
50,990 satisfied customers
I-140 Approved in Eb3 : Jul 25th 2013Current visa status
I-140 Approved in Eb3 : Jul 25th 2013 Current visa status : H1B in 6th year (visa stamped expired Oct 31 2014) I-94 status: Expiring Dec 5 2015 (Entering 7th year in May 2015) History of visa status: … read more
Expert James
Expert James
Doctoral Degree
12,287 satisfied customers
Situation. 6 yrs H1-B expiring Dec2011. I have approved
Situation. 6 yrs H1-B expiring Dec'2011. I have approved i-140 from May'2011 with current employer. My priority date is not current. Current employer has applied for 3 years H1-B extension which I sho… read more
jludwic
jludwic
Manager
J.D.
19 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x